Compliance
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Building performance standards are likely not preempted by federal law, attorney says
State and local policies on energy efficiency are likely safe from these lawsuits, despite a federal appeals court decision to strike down Berkeley, California’s natural gas ban in new construction, a Public Health Law Center staffer said.
By Ysabelle Kempe • July 26, 2024 -
US cities sharpen focus on building performance standards to meet net-zero goals
Over 40 cities will have these standards in place by 2026, compelling building owners to prioritize energy efficiency and emissions reduction measures, according to a report from JLL.
By Nish Amarnath • July 25, 2024 -
Screenshot: Google Maps
NLRB withdraws 5th Circuit appeal of joint employer final rule injunction
The National Labor Relations Board said it would “like the opportunity to further consider the issues identified” in a district court’s injunction while citing other, ongoing legislation relevant to its rulemaking.
By Ryan Golden • July 22, 2024 -
Deep Dive
What employers can expect following the end of Chevron deference
The decision could cause a number of the U.S. Department of Labor’s regulations to fall, said a former administrator of DOL’s wage and hour division.
By Ryan Golden • July 19, 2024 -
5 takeaways on costs, challenges of climate disclosure compliance
Complacency regarding the SEC’s now-stayed rules could leave companies “scrambling to try to get ready” once they are put in place, PwC’s Marc Siegel said.
By Maura Webber Sadovi • July 17, 2024 -
Labor Department, challengers argue over ESG rule’s tiebreaker standard post-Chevron
A lawyer representing the Labor Department said he believes “the logic of the District Court’s opinion would produce the same result” under the Loper Bright ruling.
By Lamar Johnson • July 11, 2024 -
‘There’s been a ton of progress’ on energy efficiency this year. Next up: court cases and an election
2024 has been a banner year for energy efficiency so far, particularly with a slate of new appliance standards finalized by the U.S. Department of Energy. But a court case and upcoming election could stall progress, say experts.
By Robert Walton • July 9, 2024 -
OSHA proposes rule to protect workers from extreme heat
The standard would require employers to evaluate heat risks and, when necessary, provide drinking water, rest breaks and control of indoor heat.
By Zachary Phillips • July 3, 2024 -
State employees in Texas not subject to overtime rule, judge holds
The ruling — which relies on the Supreme Court’s same-day decision that overturned the Chevron doctrine — is likely to foreshadow similar pending challenges, attorneys noted.
By Emilie Shumway • July 2, 2024 -
NYC Council approves legislation requiring proactive building inspections
If signed into law, the bill would require the Department of Buildings to use predictive analytics to identify and address hazardous structures before they become dangerous.
By Nish Amarnath • June 28, 2024 -
California adopts rule limiting indoor workplace heat exposure
Employers will have to provide workers with cooldown spaces and water if the indoor temperature or heat index cracks 87 degrees Fahrenheit.
By Aneurin Canham-Clyne • June 27, 2024 -
NYC approves second set of zoning changes
The updates remove a decades-old rule that barred certain commercial building uses, among the changes that aim to boost commercial corridors, promote life sciences activity and bolster manufacturing in the city.
By Joe Burns • June 12, 2024 -
Tax on gas-powered large buildings will go to voters in Berkeley, California
The ballot measure would tax buildings 15,000 square feet or larger based on gas consumption, estimated methane leaked during the delivery of gas and the social costs of carbon and methane.
By Ysabelle Kempe • June 11, 2024 -
Illinois bill to swap fluorescent lamps for LED lights awaits governor’s approval
The Illinois State Senate and House of Representatives have passed legislation to phase out fluorescent bulbs. The legislation, if signed into law, is expected to provide over $1.5 billion in utility savings.
By Nish Amarnath • June 6, 2024 -
Building code compliance not enough to protect builders from lawsuits
Facing outdated construction guidelines, contractors and engineers need to keep up with climate change data to shield themselves from lawsuits, legal experts said at a recent building innovation conference.
By Julie Strupp • June 4, 2024 -
New York City Council passes legislation to enhance parking garage safety measures
If signed into law, the legislation would mandate more frequent inspections, increased civil penalties and structural assessments to ensure the integrity of the city’s parking structures.
By Nish Amarnath • May 31, 2024 -
Deep Dive
Heat-related laws in Texas, Florida, Phoenix to be put to the test
As summer begins, some states prevent cities from mandating water breaks. Still, there are commonsense practices to protect workers from soaring temperatures.
By Zachary Phillips • May 30, 2024 -
Legal battle over NYC’s building emissions law resurfaces in appellate court
A panel of New York State Supreme Court judges said the defendants, including New York City, have failed to show that the state’s existing climate legislation does not preempt Local Law 97.
By Nish Amarnath • May 20, 2024 -
OSHA heat standard clears regulatory hurdle
A committee has unanimously recommended that the agency advance the proposal for a heat safety rule.
By Zachary Phillips • May 15, 2024 -
Retrieved from Office of Inspector General, U.S. General Services Administration on May 10, 2024
GSA called out for poor oversight of maintenance contracts
Contractors did not complete 34 of the 49 work orders for six U.S. General Services Administration-owned buildings, an inspector general report says.
By Nish Amarnath • May 10, 2024 -
NZero’s AI tool aims to offer “low-friction entry point” to building decarbonization process
The Rapid Emissions Profile can produce benchmark efficiency profiles, conduct automated opportunity assessments for cost and emissions savings, and evaluate potential penalties for non-compliance, the company says.
By Nish Amarnath • May 1, 2024 -
"Tyler May 2016 45 (William M. Steger Federal Building and United States Courthouse)" by Michael Barera is licensed under CC BY-SA 4.0
Energy Department finalizes rule to phase out fossil fuels in federal buildings
In a push for net-zero emissions from federal facilities by 2045, the new rule mandates a 90% reduction in on-site fossil fuel use by 2029 and complete elimination after 2030.
By Nish Amarnath • April 26, 2024 -
Hotel organizations slam Labor Department’s new overtime eligibility threshold
The rule gives some hotel workers access to higher pay, but hospitality industry organizations say the added cost could lead hotels to cut jobs.
By Jenna Walters • April 26, 2024 -
Labor Department will raise overtime salary threshold to $44K in July, $59K next year
The final rule expands overtime pay eligibility to millions of U.S. workers, the federal agency says.
By Ryan Golden • April 24, 2024 -
Employer groups ask court to vacate DOL independent contractor rule
The U.S. Department of Labor’s rule “injects new inconsistencies and incoherence into the analysis of independent contractor status,” the groups said in a lawsuit filed Wednesday.
By Ryan Golden • April 22, 2024